USA v. Rodolfo Tafoya, No. 17-10522 (5th Cir. 2018)

Annotate this Case

Download PDF

Case: 17-10522 Document: 00514370204 Page: 1 Date Filed: 03/02/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-10522 Summary Calendar United States Court of Appeals Fifth Circuit FILED March 2, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RODOLFO TAFOYA, also known as Rudolfo Tapioa, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:16-CR-258-1 Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * Rodolfo Tafoya appeals the 21-month within-guidelines sentence and three-year term of supervised release imposed following his guilty plea conviction for illegal reentry. He argues that his sentence violates due process because it exceeds the statutory maximum sentence of 8 U.S.C. § 1326(a). However, he correctly concedes that whether a prior conviction must be alleged in the indictment and proved to a jury before a sentencing enhancement under § 1326(b) can be applied is foreclosed by Almendarez-Torres v. United States, Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 17-10522 Document: 00514370204 Page: 2 Date Filed: 03/02/2018 No. 17-10522 523 U.S. 224 (1998). See United States v. Wallace, 759 F.3d 486, 497 (5th Cir. 2014); United States v. Pineda-Arrellano, 492 F.3d 624, 625-26 (5th Cir. 2007). Thus, summary affirmance is appropriate. Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, the Government’s motion for summary affirmance is GRANTED, the Government’s alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.